Bangalore District Court
Janardhan Pr, Pi vs Rudregowda B on 5 December, 2025
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C.C.No.1330/2022
KABC030042772022
IN THE COURT OF THE XXXVII ADDL.CHIEF JUDICIAL
MAGISTRATE, BANGALORE CITY.
Dated this the 05th day of December, 2025.
Present: Sri SYED ARFATH IBRAHIM M., B.A.L, L.L.B.,
XXXVII ACJM., BANGALORE
C.C. No.1330/2022
JUDGMENT UNDER SEC.355 OF CR.P.C.,
Complainant : State by C.K.ACHUKATTU Police
Station.
Vs/-
Accused A1 Rudregowda .B.,
S/o Late Badhraiah,
Age 37 years
R/at No.306, Sir M.V. Marg Road,
C.K. Achukattu BSK 3rd Stage,
Bengaluru City- 560085.
A2 Girish B.K.
S/o Krishnegowda
Age 32 years
R/at No.903, Hanumakka Nilaya,
Near Maramma Temple, Avalahalli,
Bengaluru City- 560 077.
A3 Lokesh V.E. ( split up)
A4 Krishna ( split up)
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C.C.No.1330/2022
Date of offence : 26-04-2021
Offences complained : U/s.188 of IPC & Sec.4(2)(e), 5(4) of
of the Karntaka Epidemic Diseases Act,
2020.& Sec.79, 80 of Karnataka
Police Act.
Plea : Accused No.1 and 2 Pleaded not
guilty
Final Order : Accused No.1 and 2 are Acquitted
Date of Order : 05-12-2025.
*****
The Police-Inspector, C.K.Achukattu Police Station, Bangalore
has filed charge sheet against the accused for the offences
punishable U/s. 188 of IPC & Sec.4(2)(e), 5(4) of the Karntaka
Epidemic Diseases Act, 2020.& Sec.79, 80 of Karnataka Police Act.
2. The brief facts of the prosecution case are that:
That on 26-04-2021 at 6.25 p.m., the accused No.1 and 2
along with other accused No.3 and 4 got assembled at
Banashankari 3rd stage, C K Ahukattu, M.V.Marg Road, No.306,
Maruthi Nilaya during epedmic disease time and negligently did an
act knowingly that it would likely to spread the infection of COVID-
19 and disobeyed the directions given by the State Government
during the COVID-19 pandemic disease causing danger to human
life. Further the accused No.1 and 3 along with accused No.3 and 4
assembled together without mask and were found playing the
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C.C.No.1330/2022
gambling game Andhar Bahar by using leaves without maintaining
distance and thereby accused have committed aforesaid offences.
3. The accused No.1 to 4 were enlarged on bail. On receipt of
charge sheet, this court took the cognizance of the alleged offence
and furnished copy of the prosecution papers to the accused
persons. During trial of the case, accused No.3 and 4 remained
absent and jumped the bail conditions. Despite issuance of NBW
against accused No.3 and 4, the concerned police could not secure
the presence of accused No.3 and 4 and hence this court ordered to
split case against accused No.3 and 4 and the concerned I.O. is
directed to file a spiltup chargesheet against accused NO.3 and 4.
4. The substance of accusation was read over to the accused
No.1 and 2 in the language known to them, to which, the accused
No.1 and 2 pleaded not guilty and submitted they have defence to
make. The plea of the accused was recorded. Thereafter, the
matter was set down for prosecution evidence.
5. In order to prove the charges, the prosecution has
examined 02 witnesses as PW-1 and PW-2 and got marked Ex.P.1
to P.7 documents. The statement of Accused No.1 and 2 as
contemplated U/s. 313 of Cr.P.C. is recorded. In which, the
accused denied the incriminating circumstances appeared against
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C.C.No.1330/2022
them. The accused have not let in any oral or documentary
evidence on their behalf.
6. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
7. The following points arise for my determination:-
1) Whether the prosecution proves beyond all reasonable
doubt that the on 26-04-2021 at 6.25 p.m., the accused
No.1 and 2 along with other accused No.3 and 4 got
assembled at Banashankari 3rd stage, C K Ahukattu,
M.V.Marg Road, No.306, Maruthi Nilaya during epedmic
disease time and negligently did an act knowingly that it
would likely to spread the infection of COVID-19 and
disobeyed the directions given by the State Government
during the COVID-19 pandemic disease causing danger
to human life. Further the accused No.1 and 3 along
with accused No.3 and 4 assembled together without
mask and were found playing the gambling game Andhar
Bahar by using leaves without maintaining distance and
thereby accused have committed the offences punishable
U/s.188 of IPC & Sec.4(2)(e), 5(4) of the Karntaka
Epidemic Diseases Act, 2020.& Sec.79, 80 of Karnataka
Police Act.?
2) what order?
8. My finding to the above points are as under:-
Point No.1 ........In the Negative.
Point No.2........ As per final order, for the following:
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C.C.No.1330/2022
REASONS
9. POINT No.1 :- It is the fundamental principle of criminal
jurisprudence that the prosecution has to prove its case beyond
reasonable doubt. In order to bring home the guilt of the accused,
the prosecution has examined two witnesses as PW-1 and PW-2
and got marked Ex.P.1 to Ex.P7 documents. Ex.P1 is the First
information statement. Ex.P.2 is Acknowdgement. Ex.P.3 is
requisition. Ex.P.4 Notice. Ex.P.5 is Mahazar. Ex.P.6 is the FIR and
Ex.P.7 is Property Form.
10. PW-1 Janardhan P.R. has deposed in his examination in
chief that his staff CW-5 received credible information that on 26-
04-2021 at 3.45 p.m. 3 to 4 persons were indulged in gambling
game Andhar Bahar with leaves at Banashankari 3rd stage, No.306,
Maruthi nilaya, he registered a case under NCR and sent
requisition to court. PW-1 further deposed that called CW 2 and 3
as panchas summoned to the police station by issuing notice. Later
he took CW 2 to 7 in a vehicle and conducted raid he took custody
of persons namely Rudregowda, Girish, Lokesh and Krishna and
recovered Rs.2000/- cash and another cash of Rs.24,000/- and 52
leaves under seizure mahzar and produced the seized properties
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C.C.No.1330/2022
along with report before CW-8. On 10-5-2021 after completion of
investigation, he submitted chargesheet against accused. He
identifies the accused and seized properties..
11. PW-2 Manojkumar D.S. , PSI has deposed in his
examination in chief that on 26-04-2021 CW 1 appeared in the
station and gave report and four accused persons and material
objects. He received and registered a case in crime No.74/2021 and
submitted FIR to the court. Later he arrested the accused and
released him on bail, recorded statements of CW 2 to 7 and handed
over records to CW1.
12. PW1 is a police personal. Convicting the accused persons
only on the evidence of PW1 would not be proper. The prosecution
had to prove the arrest and seizure through independent witnesses.
In this case though the prosecution had arrayed CW2 and 3 as
pancha witnesses to the seizure panchanama but the prosecution
has failed to examine them. Such being the case the prosecution
has failed to prove the arrest of the accused and the seizure of the
money and cards from the possession of the accused. As the
prosecution has failed to prove the important aspects that is arrest
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and seizure this court has to hold that the prosecution has failed to
prove its case beyond reasonable doubt.
Accordingly I answer the above point in the negative.
13. POINT No.2:- For the foregoing reasons, I proceed to pass
the following;
ORDER
Acting Under Section 255(1) of Cr.P.C., accused No.1 and 2 are hereby acquitted for the offences punishable U/s. 188 of IPC & Sec.4(2)(e), 5(4) of the Karnataka Epidemic Diseases Act, 2020.& Sec.79, 80 of Karnataka Police Act.
The bail bond and surety bond of accused No.1 and 2 shall stands cancelled.
Since case against Accused No.3 and 4 is splitup, office is hereby directed to preserve the records and properties if any for future reference.
(Dictated to the Stenographer directly on the computer and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 05-12-2025).
(SYED ARFATH IBRAHIM M.) XXXVII ADDL.C.J.M., Bengaluru.
8C.C.No.1330/2022 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW-1 : Janardhan P.R. PW-2 : Manoj kumar D.S.
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1a : Signature of witness Ex.P.2 : Police acknowledgement Ex.P.2a : Signature of witness Ex.P.3 : Requisition Ex.P.3a : Signature of witness Ex.P.4 : Notice to panchas Exx.P.4a : Signature of witness Ex.P.5 : Mahazar Ex.P.5a : Signature of witness Ex.P.6 : FIR Ex.P.6a : Signature of witness Ex.P.7 : Property form Ex.P.7a : Signature of witness.
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACJM., BANGALORE. 9 C.C.No.1330/2022 10 C.C.No.1330/2022 05-12-2025.
Judgment.
Judgment pronounced in the Open court (vide separately).
ORDER Acting Under Section 255(1) of Cr.P.C., accused No.1 and 2 are hereby acquitted for the offences punishable U/s. 188 of IPC & Sec.4(2)(e), 5(4) of the Karnataka Epidemic Diseases Act, 2020 & Sec.79, 80 of Karnataka Police Act.
The bail bond and surety bond of accused No.1 and 2 shall stands cancelled.
Since case against Accused No.3 and 4 is splitup, office is hereby directed to preserve the records and properties if any for future reference.
XXXVII ACJM.,B'lore. 11 C.C.No.1330/2022